The immigration enforcement landscape is undergoing a drastic transformation in 2025. With recent executive orders from President Trump, there is a renewed focus on workplace enforcement. Therefore, employers across all sectors must prepare for what many experts predict will be the most aggressive enforcement in recent history.
Industries that traditionally employ undocumented immigrants, such as construction, agriculture, and restaurants, should be particularly vigilant. Restaurants and other food services have about 22% of their workforce made up of immigrants of all statuses, according to the American Immigration Council.
So, what should restaurant owners do if ICE decides to visit their establishment?
Know the difference between public and private spaces
There are distinctions regarding what ICE can do in public versus private spaces. The Fourth Amendment protects citizens against unreasonable searches and seizures and differentiates between what can be searched in public space and what can be searched in private space.
For restaurants, areas like the bar and where the tables are located count as public spaces because anyone from the general public can enter. This means that ICE can question both workers and customers in these areas. It is important to mention here that no one is obligated to speak or answer ICE’s questions. A person can invoke their right to remain silent.
Just as the general public cannot enter the kitchen or the management office, ICE also cannot enter these spaces without a judicial warrant giving them explicit permission to do so. It is suggested that restaurant owners consider putting up signage indicating certain areas as ‘private’ to distinguish them from public areas.
Ensure the staff knows who is authorized to let ICE in
Most legal authorities can enter private spaces if the business owner gives consent. Therefore, owners should talk to their entire staff and make it clear that only they or someone designated has the ability to grant this permission to enter private areas. If other employees are questioned, they should essentially say, ‘I do not have the authority to grant you access.’
Know the difference between a judicial warrant and an administrative warrant
It is crucial for workers and restaurant owners to know the difference between a judicial warrant and an administrative warrant because a judicial warrant is the only type that gives federal authorities permission to enter a private space without the owner’s consent.
A judicial warrant will be signed by a judge and will indicate at the top the court in which the judge serves. A judicial warrant will also list the timeframe for conducting a search, specific areas or items to be searched, and will allow police to enter listed private areas. Request a copy of the warrant and track exactly where it authorizes ICE to go.
On the other hand, an administrative warrant will generally have ‘Department of Homeland Security’ at the top, or ‘Immigration and Customs Enforcement,’ instead of the name of a court and judge.
Know what you are facing
There are two main types of raids — one in which the employer, usually involving a larger operation, is being investigated for illegal hiring and other crimes. The other is typically a smaller-scale raid where ICE is going to pick up a few people, and this is not related to an investigation of the employer.
Most experts advise anyone subject to these raids to document what is happening, whether on their phone or in written notes, but not to interfere. It is recommended not to lie or provide false information to agents or attempt to destroy or hide any documents or items.
Do not help employees hide from agents or leave the premises fleeing. Owners can inform employees that they have the option to speak with ICE or not.
It is probably also a good idea to ensure that the restaurant has a lawyer on retainer. If that is the case, the company representative should inform ICE that the lawyer is being contacted. If the lawyer can go to the location immediately, the company representative should request that the police wait for the lawyer’s arrival before proceeding. This may not prevent ICE from proceeding with a search, but it can help an employer contest the search later, stating that ICE ignored these requests.
And, in general, restaurants with large immigrant workforces — regardless of documentation status — should reach out to local immigration attorneys and provide employees with those numbers.
Source: Eater and American Immigration Council